Rethinking Search and Seizure in a Post-9/11 World

Abstract:

In “Rethinking Search and Seizure in a Post-9/11 World”, author Arnold Loewy discusses whether 9/11 has truly had an impact on the way that courts decide Fourth Amendment cases. In a previous article, he argued that 9/11 was largely responsible for a shift in Fourth Amendment case outcomes but now reconsiders these views. Professor Loewy begins by juxtaposing pre-9/11 Fourth Amendment court decisions with post-9/11 Fourth Amendment decisions. He concludes that 9/11 may not have actually played a significant role in the decisions.
Professor Loewy also discusses pre- and post-9/11 decisions in the context of airports. He believes that 9/11 has had more impact on these decisions than on decisions relating to situations outside of the airport. Professor Loewy examines the issue of whether consent to be searched is withdrawable and whether once a desire to withdraw is expressed if the person is free to leave with no consequence. He finishes by questioning whether the increased amount of searches and seizures at airports is a step in the right direction or an opportunity for TSA to take advantage of their authority.